Mr. Leahy (for himself
and Mr. Cornyn) introduced the following
bill; which was read twice, considered, read the third time, and passed

A BILL

To establish the Commission on Freedom of
Information Act Processing Delays.

1.

Commission on Freedom of Information Act
processing delays

(a)

Short title

This Act may be cited as the
Faster FOIA Act of
2011.

(b)

Establishment

There is established the Commission on
Freedom of Information Act Processing Delays (in this Act referred to as the
Commission for the purpose of conducting a study relating to
methods to help reduce delays in processing requests submitted to Federal
agencies under section 552 of title 5, United States Code (commonly referred to
as the Freedom of Information Act).

(c)

Membership

(1)

In general

The Commission shall be composed of 12
members of whom—

(A)

2 shall be appointed by the chairman of the
Committee on the Judiciary of the Senate;

(B)

2 shall be appointed by the ranking member
of the Committee on the Judiciary of the Senate;

(C)

2 shall be appointed by the chairman of the
Committee on Government Reform of the House of Representatives;

(D)

2 shall be appointed by the ranking member
of the Committee on Government Reform of the House of Representatives;

(E)

1 shall be appointed by the Attorney
General of the United States;

(F)

1 shall be appointed by the Director of the
Office of Management and Budget;

(G)

1 shall be appointed by the Archivist of
the United States; and

(H)

1 shall be appointed by the Comptroller
General of the United States.

(2)

Qualifications of congressional
appointees

Of the 2
appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)
at least 1 shall have experience as a FOIA requestor, or in the fields of
library science, information management, or public access to Government
information.

(3)

Timeliness of appointments

Appointments to the Commission shall be
made as expeditiously as possible, but not later than 60 days after the date of
enactment of this Act.

(d)

Study

The Commission shall conduct a study
to—

(1)

identify methods that—

(A)

will help reduce delays in the processing
of requests submitted to Federal agencies under section 552 of title 5, United
States Code; and

(B)

ensure the efficient and equitable
administration of that section throughout the Federal Government;

(2)

examine whether the system for charging
fees and granting waivers of fees under section 552 of title 5, United States
Code, needs to be reformed in order to reduce delays in processing requests;
and

(3)

examine and determine—

(A)

why the Federal Government’s use of the
exemptions under section 552(b) of title 5, United States Code, increased
during fiscal year 2009;

(B)

the reasons for any increase, including
whether the increase was warranted and whether the increase contributed to FOIA
processing delays;

(C)

what efforts were made by Federal agencies
to comply with President Obama’s January 21, 2009 Presidential Memorandum on
Freedom of Information Act Requests and whether those efforts were
successful;

(D)

any recommendations on how the use of
exemptions under section 552(b) of title 5, United States Code, may be limited;
and

(E)(i)

whether any disparities in processing,
processing times, and completeness of responses to FOIA requestors have
occurred based upon political considerations, ideological viewpoints, the
identity of the requestors, affiliation with the media, or affiliation with
advocacy groups;

(ii)

if any disparities have occurred, why such
disparities have occurred; and

(iii)

the extent to which political appointees
have been involved in the FOIA process.

(e)

Report

Not later than 1 year after the date of
enactment of this Act, the Commission shall submit a report to Congress and the
President containing the results of the study under this section, which shall
include—

(1)

a description of the methods identified by
the study;

(2)

the conclusions and recommendations of the
Commission regarding—

(A)

each method identified; and

(B)

the charging of fees and granting of
waivers of fees; and

(3)

recommendations for legislative or
administrative actions to implement the conclusions of the Commission.

(f)

Staff and administrative support
services

(1)

In general

The Archivist of the United States shall
provide to the Commission such staff and administrative support services,
including research assistance at the request of the Commission, as necessary
for the Commission to perform its functions efficiently and in accordance with
this section.

(2)

Payment of expenses

(A)

Staff
salaries

The Archivist of the
United States shall pay staff expenses relating to salaries under this
subsection from available appropriations in the applicable account for salaries
of the National Archives and Records Administration.

(B)

Administrative support
services

Except as provided
under subparagraph (A), the Archivist of the United States shall pay staff and
administrative expenses under this subsection from available appropriations in
the operating expenses account of the National Archives and Records
Administration.

(3)

Appropriations requests

Expenses paid under this subsection shall
not form the basis for additional appropriations requests from the National
Archives and Records Administration in the future.

(g)

Information

To the extent permitted by law, the heads
of executive agencies, the Government Accountability Office, and the
Congressional Research Service shall provide to the Commission such information
as the Commission may require to carry out its functions.

(h)

Compensation of members

Members of the Commission shall serve
without compensation for services performed for the Commission.

(i)

Travel expenses

(1)

In general

The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.

(2)

Payment of expenses

The Administrator of General Services shall
pay travel expenses under this subsection from available appropriations in the
operating expenses account of the General Services Administration.

(3)

Appropriations requests

Expenses paid under this subsection shall
not form the basis for additional appropriations requests from the National
Archives and Records Administration in the future.

(j)

Transparency

All meetings of the Commission shall be
open to the public, except that a meeting, or any portion of it, may be closed
to the public if it concerns matters or information described in chapter
552b(c) of title 5, United States Code. Interested persons shall be permitted
to appear at open meetings and present oral or written statements on the
subject matter of the meeting. The Commission may administer oaths or
affirmations to any person appearing before the Commission.

(k)

Termination

The Commission shall terminate 30 days
after the submission of the report under subsection (e).

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